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FINAL SETTLEMENT AGREEMENT WITH MUTUAL RELEASES OF ALL CLAIMS This Voluntary Resignation Agreement And Final Settlement With Mutual Releases of All Claims (hereinafter "Agreement") is entered into by and between LARRY CIECALONE (hereinafter "Employee") and the BOARD OF TRUSTEES of the SAN BERNARDINO COMMUNITY COLLEGE DISTRICT (hereinafter "District"). WHEREAS Employee is an administrative employee of the District; and WHEREAS an actual dispute exists between the Parties as to the continuing employment of Employee by the District; and WHEREAS Employee desires to resign from his employment with the District; and WHEREAS Employee and the District desire to settle fully and finally any and all current or future differences between them, including in no way limited to those differences described above; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, Employee and the District hereby agree to all of the following conditions and terms in this Agreement: 1. Employee hereby voluntarily and irrevocably resigns from any and all employment with the District effective May 31, 2012. This Agreement shall serve as the official letter of voluntary and irrevocable resignation submitted by the Employee. The District hereby accepts the Employee's resignation effective May 31,2012. The Employee and the District agree that they have mutually determined that it is in their best interests at this time for the Employee to submit his resignation and have the District accept it. In exchange for the Employee's resignation at this time, and the other conditions and terms of this Agreement, the District shall provide the following to the Employee: A. During the period of June 1, 2012 through December 31, 2012, employee shall continue to receive his regular base salary, as reflected on the District's Page 1 of 5
Management and Supervisory Salary Schedule, exclusive of any stipends, and minus applicable taxes and payroll deductions. Employee's final paycheck for December 2012 shall also include payment for Employee's accrued vacation. The District shall continue to make PERS contributions on behalf of Employee during the period of June 1, 2012 through December 31, 2012. The District shall also maintain Employee's current District paid health benefit coverage on the same terms and conditions until December 31, 2012. Employee agrees that the foregoing payments and health benefits shall constitute the entire amount of monetary consideration provided to Employee under this Agreement, and that he will not seek any further compensation for any other claimed damage, costs, or attorneys' fees in connection with the matters encompassed in this Agreement. B. The District shall not place the Notice of Proposed termination in Employee's personnel file C. The District shall direct any requests for references from potential employers of Employee or others to the District's Vice Chancellor of Human Resources for response who shall provide only verification of employment and dates thereof and compensation paid. 5. Employee agrees that he shall not make any statements, public or otherwise, that disparage the District andlor any of its employees, nor shall he participate in or encourage others persons or entities to make statements or engage in activities that denigrate or disparage the District andlor any of its employees. The Employee and the District hereby irrevocably and unconditionally release and forever discharge the other party and each and all of his/its agents, officers, employees and representatives from any and all charges, complaints, claims, lawsuits, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which either party at any time heretofore had or claimed to have or which either party may have or claim to have regarding events that have occurred as of the date of this Agreement. The Employee and the District acknowledge and agree that the word "claims" includes all actions, accusations, lawsuits, charges, complaints, liabilities and grievances, whether actual or potential, known or unknown, suspected or unsuspected, and specifically but not exclusively all claims arising out of the Employee's employment with the District. All such claims (including related attorneys' fees and costs) are forever barred by this Agreement and without regard to whether those claims are based upon any alleged breach of duty arising in a statute, contract, or tort; any alleged unlawful act; any other claim; and regardless of the forum which it might be brought. All such claims shall specifically include any employment discrimination claims.
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The parties hereto hereby agree that all rights under section 1542 of the Civil Code of the State of California are hereby waived by the Parties. Section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
The Employee acknowledges and agrees that he: A. Has a right to a full twenty-one (21) days within which to consider this Agreement before executing it and hereby waives that right. Has carefully read and fully understands all of the terms and conditions of this Agreement. Is not waiving any age discrimination claims that may arise after the date of this Agreement is ratified and executed. Is ratifying and executing a completely valid waiver under 29 U.S.C. section 626(f) and the federal Older Workers Benefit Protection Act. Is through this Agreement releasing the District, its agents, officers, employees and representatives from any and all claims he may have against them. Knowingly and voluntarily agrees to all the terms and conditions in this Agreement. Knowingly and voluntarily agrees to be completely legally bound by and to all the terms and conditions in this Agreement. Has been advised and hereby is advised again in writing to consult with an attorney prior to ratifying and executing this Agreement. Has had the opportunity to consult with an attorney prior to ratifying and executing this Agreement. Has seven (7) days following the ratification and execution of this Agreement to revoke it, and this Agreement shall not become effective or enforceable until this revocation period has expired.
The parties hereby represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the Page 3 of 5
parties, agents, officers, employees or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this written Agreement. 11. This Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, successors, assigns; and shall inure the benefit of said parties and to their heirs, administrators, representatives, executors, successors and assigns. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be wholly or partially illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, invalid, or unenforceable part, term, condition or provision shall be severed from this Agreement. This Agreement sets forth the complete and entire agreement between the parties and fully supersedes any and all prior agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof. No modification or addendum to this Agreement shall be effective or binding unless in writing and signed by the parties hereto. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. This Agreement is subject to ratification by the Governing Board of the District.
BRUCE BARON, CHANCELLOR
ON BEHALF OF THE BOARD OF TRUSTEES OF THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
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Date Ratified by the Board:
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